The Nigerian Senate has authorized the issuance of a warrant compelling the Managing Director of Julius Berger Nigeria PLC, Dr Peer Lubasch , for persistently refusing to appear before its committee on Works .
The resolution of the Senate on the Warrant of Arrest against MD of Julius Berger, followed a motion moved to that effect by the Senate Minority Whip , Senator Osita Ngwu (PDP Enugu West).
Senator Ngwu in the motion co – sponsored by Senators Asuquo Ekpenyong ( APC Cross River South) and Mpigi Barinada (PDP Rivers South East), informed the Senate that Julius Berger Plc Julius Berger has persistently refused to appear before the Senate Committee on Works for required explanations on projects abandonment and alarming contract variation from N54billion to N195billion.
Senate President Godswill Akpabio was directed to sign the warrant, mandating the attendance of the company’s chief executive on a date to be communicated.
The Senate emphasized that the decision was made in line with its constitutional powers under Section 89 of the Nigerian Constitution, which empowers the legislature to summon individuals or entities for investigations.
“This Senate will not tolerate the continued disregard of its authority. The Managing Director of Julius Berger must appear before the relevant committee, failing which further actions will be taken as prescribed by the Constitution,” Senate President Akpabio stated.
The point of Order which was supported by the majority of senators, highlighted the importance of upholding the integrity of the legislature.
“The Senate committee will submit its findings to the National Assembly after the MD’s appearance. If there is any further failure to comply, we shall take the necessary steps to ensure respect for the Constitution and the rule of law,” Akpabio added.
The decision followed intense deliberations on the growing trend of public officials and corporate entities disregarding Senate summons.
Date for compelling appearance of Julius Berger before the Senate Committee on Works according to the President of the Senate , Godswill Akpabio , will be stated in the arrest warrant .
Senators Abdul Ningi, Seriake Dickson, and Godswill Akpabio raised concerns over the growing issue of non-compliance with Senate summons by contractors and government officials.
Senator Abdul Ningi emphasized that committees derive their powers from the Constitution and the National Assembly’s rules, asserting that while committee chairpersons do not have the authority to compel attendance, it is the presiding officer who holds that power.
He highlighted the increasing challenges committees face in securing the attendance of senior officials, noting that many ministers and permanent secretaries send lower-level staff instead.
Ningi warned that if the Senate’s authority continues to be disregarded, the public will lose respect for the institution. He called for a broader reflection on the underlying causes of this non-compliance.
Senator Seriake Dickson supported Ningi’s concerns, but urged a measured approach, advocating for the Senate to follow established procedures. Dickson emphasized that committees already have the authority to issue warrants and compel attendance, stressing the need to protect the sanctity of the Senate and avoid elevating the issue unnecessarily.
He underscored the importance of ensuring that any disrespect toward a committee is recognized as a disrespect to the entire Senate.
Meanwhile, Senator Godswill Akpabio echoed the sentiments of both Ningi and Dickson, affirming that the Senate and its committees already possess the power to summon and compel attendance by anyone, including contractors and government officials. He suggested that there was no need for further discussion, and that the committees should simply take the necessary steps to enforce their authority.
The debate concluded with the Senate President agreeing with the points raised, noting that the procedures are clear, and that the Senate would move forward based on the constitutional authority vested in its committees.
While Presenting his report, Senator Ugwu noted that on November 20, 2024, the Senate mandated the Committee on Works to investigate the state of road infrastructure across the country;
In furtherance of the investigative hearings, Ugwu explained that Julius Berger Nigeria Plc (JB) neglected and refused to honor invitations to provide details of their role in the Odukpani-Itu Highway project, despite receiving substantial public funds totaling over N18b
He drew the attention of colleague senators to the alarming discrepancies in performance among contractors on these projects, particularly Julius Berger, which failed to meet delivery timelines
Quoting the constitutional powers of the National Assembly under Sections 88 and 89 of the 1999 Constitution (as amended) to conduct investigations and summon any person or organization responsible for administering public funds
He observed the powers granted by Section 6(1) of the Legislative Houses (Powers and Privileges) Act, empowering the Senate to issue warrants of arrest for persons in contempt of its proceedings
He acknowledged the termination of Julius Berger’s contract for the Odukpani-Itu Highway project due to demobilization and refusal to accept contract review terms, despite the initial contract value of N54,172,541,180.03 and a subsequent request for an upward review to N195 billion and the critical need for transparency and accountability in the disbursement and administration of public funds allocated for these projects.
